DEFENCE FOR CHILDREN INTERNATIONAL (DCI) - Belgium | Practical Guide
FOREWORD
From the CPT’s experience during its more than 25 years of visits to detention
places throughout Europe, we can say that children deprived of their liberty are
often at higher risk than adults of becoming victims of ill-treatment.
Regrettably, the CPT has all too often come across situations where minors are
abused; from a “pedagogical” slap to being punched, kicked and struck with a
truncheon by police officers or custodial staff. We have also found juveniles
subjected to violence by other prisoners, especially in dormitory settings and
juveniles placed in prison cells with adult inmates without any regard being made
to their specific needs. In many cases, juveniles are treated by police as adults
and legal safeguards appropriate for their age are not implemented in practice
by law enforcement agencies. In the immigration detention setting, children
may be subjected to harsh conditions with no access to education or sports
activities and no guardian safeguarding their rights. In psychiatric institutions
and social care homes, we have found children restrained to their beds for long
periods or placed in seclusion. Such practices are totally unacceptable.
The CPT has, through its visits, attempted to complement the standards set out
in international instruments, notably the 1989 UN Convention on the Rights
of the child and the 2008 European Rules for young offenders. In 1998, it set
out a number of safeguards which should be offered to all juveniles deprived
of their liberty under criminal legislation. These standards were updated and
expanded upon in the CPT’s 2014 General Report, identifying the safeguards
that should be in place and outlining the type of establishment in which they
should be held, and the particular care with which they should be provided by
well-trained and dedicated staff.
6